基于开源案件编码分析的文物法人违法治理研究

Research on Illegal Governance of Legal Persons for Cultural Relics based on Open-Source Case Coding Analysis

文物法人违法行为由于其行为主体的特殊性,一经发生往往会对文物本体造成远大于其他文物违法犯罪行为的影响。研究文物法人违法行为体系,可为治理文物法人违法行为提出优化路径。采用真实开源案件作为分析样本,利用扎根理论方法,使用NVIVO12质性研究软件对案例材料进行开放式编码、主轴式编码和理论编码,并构建文物法人违法行为体系模型。研究结果表明,需面向文物违法高危法人开展专项整治、围绕致罪原因开展文物生态源头治理、构建多元化违法行为发现体系,以推进对文物法人行为的防范,打击工作效能提升。

Due to the particularity of their subjects,illegal acts against cultural relics committed by legal persons are more detrimental to cultural relics than criminal behaviors by other individuals and parties.By researching on the system of illegal behaviors by legal person of cultural relics,an optimized path could be put forward to govern the legal persons'illegal behavior of cultural relics.In this paper,real open-source cases were used as analysis samples,a grounded theory method was adopted,and NVIVO12 qualitative research software was applied for open coding,spindle coding and theoretical coding of selected case materials.Finally,a system model of illegal behavior of legal persons for cultural relics was constructed.This study concluded that it is necessary to launch a special campaign for legal persons at high risk of violating cultural relics,implement economical source control of cultural relics around the causes of crime,and build up a diverse illegal behavior detection system,so as to promote the prevention and crackdown efficiency of illegal behaviors by legal person of cultural relics.